Who is a “foreign official” for purposes of FCPA compliance?
The FCPA is clear that any officers or employees of state instrumentalities are “foreign officials”. State “instrumentalities” include government agencies, customs departments, as well as state-owned or controlled enterprises. The government interprets “foreign official” very broadly, in that it can include “any” employee or officer of or acting on behalf of a foreign government or agency, department, or instrumentality thereof.